LL.B. IV - Compulsory Past Papers

Compulsory Past Papers

LL.B. IV

GĦAQDA STUDENTI TAL-LIĠI EXECUTIVE BOARD 2020/2021

PRESIDENT

VICE-PRESIDENT

SECRETARY GENERAL

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INTERNATIONAL OFFICER

EVENTS OFFICER

LEISURE OFFICER

MARKETING OFFICER

POLICY OFFICER

PUBLICATIONS OFFICER

RESOURCES OFFICER

MATTHEW CHARLES ZAMMIT MAYA SPITERI DALLI

MARTINA CASSAR

GRAZIELLA SCHEMBRI ANDREW FORMOSA KEZIA MALLIA

ALEC SLADDEN

DANIELLE GAUCI

VALENTINA CASSAR DIANE CUTAJAR

SARAH MIFSUD

GIULIANA MAGRO CONTI KARL MICALLEF

MATTHEW MAMO

ANDREW SCIBERRAS

KATRINA BORG FERRANDO

ABOUT GħSL

Għaqda Studenti Tal-Ligi (The Malta Law Students’ Society) is a facultybased, non-profit organisation at the University of Malta that represents all law students within the Faculty of Laws.

The organisation plays a pivotal role in law students’ academic and social life at the University of Malta. The organisation has also been responsible for publishing the prestigious ld-Dritt, and the GħSL Online Law Journal.

Moreover, GħSL boasts its own Thesis Library, located at the GħSL office in the Faculty of Laws. Additionally, GħSL is the only law organisation responsible for the distribution of authoritative law notes and past papers.

For further queries on this set of notes, as well as any other, please feel free to contact our Resources Officer at resources@ghsl.org.

Advice from an Alumna

By Dr Priscilla Mifsud Parker

The law course is a long journey, but one that, if well-travelled, will lead to beautiful destinations. In an industry which is today attracting many young individuals looking to develop their career in law, it is important to stay ON the beaten track and remain focused. It may go without saying that it is of great importance for all students to attain good academic grades, to be dedicated to their work, as well as to be determined in this highly-competitive industry in order to fulfil their dream of becoming lawyers one day. However what is crucial is that as students and later on as professionals we are innovative by being sensitive to the changes around us. These changes might be political, economic, environmental, socio-cultural or others; what is for sure is that they all have an impact on the profession of a lawyer. We are members of a dynamic profession which is very sensitive to its surroundings. The type and ‘genre’ of advice which is required from us is all affected by what is being experienced by the receivers of this advice.

Work experience is considered as a vital part of the staple diet of any prospective lawyer in order to put into practice and refine the knowledge gained from the theorethical reality of the lecture halls and lawbooks into the skills required for a successful career in law. An internship will not only show future recruiters that you have a genuine interest in pursuing a career in this sector, but that you have the practical knowledge and skills to the succeed in your role.

Here are some personal suggestions that I feel helped me during my journey:

1. Being Ambitious A powerful trait in any competitive industry, ambition will help you in your law course, in your career as a lawyer, as well as in your life. Whilst the law course can be quite intimidating and challenging, an ambitious individual who is dedicated to learning new things has the potential to understand and realize long-term goals. Do not view the journey as one whole insurmountable mountain but focus on the next small goal and once achieved move on to the next and goal by goal you will reach your final target point.

In this respect, gaining valuable work experience through an internship is an important step taken by an ambitious young lawyer who wants to attain certain skillsets, and remain a step ahead of his/her peers. By being inquisitive, analytical and humble enough to accept guidance and mentoring one is guaranteed a fruitful experience in a law firm. It is also not only a means to start focusing on the direction of your career and to build upon your chosen path, but will undoubtedly expose you to the international world. This is crucial, as most of the traditional legal sectors have been intertwined with new areas of legislation and all these together now present much more opportunity for intra-jurisdictional work.

2. Networking By engaging with counterparty students abroad and in international fora one gains an insight into another reality and is exposed to different cultures, ways of communicating and is able to bridge

the differences between parties to a mundane discussion which will eventually become a transaction or a major project in professional life.

3. Organisational Skills Organisation is key in any industry. Good organisation skills always stand out to a recruiter when considering potential applicants. Such skills can be obtained by gaining experience either through organising one’s own work, study plan,student events or cultural/philanthropic events.

Going hand-in-hand with this, is having a study plan. By planning your studies ahead, one will have a sufficient amount of time to meet all the demands, while also being able to participate in productive outside activities. Reviewing notes or case briefs before class can also help you follow and participate in class discussions better , whilst following case-law allows you to apply them for specific situations. In view of the amount of material involved summarising and carving out the most crucial points is essential to then build your argument in papers.

4. Taking your own class notes It is always important to take down your own notes as laws are always evolving and passed-down notes would provide the context but are not ideally used for the detail. Researching the particular topic and comparing Malta’s law with that of other jurisdiction gives one a completely different outlook and commenting on these variances in an exam paper, dissertation or assignment would distinguish one student from another. Not to be overlooked are also the consultation papers, commentaries and other official public documents that are issued by local authorities from time to time on different areas of law and industry. Being abreast of what is happening in industry will help putting the particular law or regulation in context.

5. Participation Participation is a main element of the learning process. Being actively involved during seminars and lectures and participating in legal debate sessions, mock trial competitions and moot courts are essential in order to improve your persuasive and presentation skills. If you find this very difficult (all of us have different characters and traits), then try to focus on participation in other events which will expose you to public speaking starting off in smaller groups in a more familiar environment and trying out new experiences and larger audiences as you go along.

6. Practice is the key to success This leads us to our next point – practice. Attaining good grades is undoubtedly an important part of the law course, however, in themselves, they are not enough to show that you have substantial material to succeed. Working within a law firm introduces you to the world of work, and allows you to gainspecific industry-related skills which one will only ever be able to learn in a workplace setting.

Work experience can provide you with valuable insight which will help you decide what your career aspirations are and in which areas you would like to further delve into.

University of Malta Faculty of Laws June 2019 Examination Session P514013 PRIVATE INTERNATIONAL LAW

Date: Thursday 6th June 2019

Duration of Examination: 8:30AM

-

11:35AM

!NSTRUCTIONS TO STUDENTS:

Answer ANY THREE (3) questions. All questions carry equal marks.

1. Slierna Bank plc is a Maltese bank engaged in international banking. It advances a sum of money by way of overdraft to two of its clients, Mark and Matthew Smith, who are Canadian nationals domiciled in Canada. Mark Smith owns a holiday home in Malta while his brother Matthew Smith owns an apartment in Cyprus. Mark and Matthew Smith are in default. Matthew Smith comes to Malta for two weeks and while in Malta he immediately visits the head office of Sliema Bank plc to attempt to renegotiate the terms of his overdraft and obtain further credit. Sliema Bank plc has heard that Mark and Matthew Smith are being investigated for fraud in Canada and that a Canadian bank has also obtained a flnal judgment against Mark Smith for defaulting on a loan and ordering him to repay the bank the sum of 300,000 Canadian dollars together with interest at 9.5% per annum and judicial costs. Sliema Bank plc would like to immediately recover the sums of money due to it from Mark and Matthew Smith. It is also concerned that if the Canadian judgment is enforceable in Malta, it might not be able to recover its dues from the property which Mark Smith owns in Malta. Advise Sliema Bank plc whether it may bring proceedings against Mark and Matthew Smith in Malta, whether a Maltese judgment against Matthew Smith would be enforceable in Cyprus, and whether the Canadian judgment obtained by the Canadian Bank in Canada is capable of being enforced in Malta. In your answer you should clearly identify the applicable legal provisions.

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2. Veduti Limited, a Maltese company, owns a number of boats and sells tickets to tourists to show them around the Maltese islands. Tickets may also be purchased online prior to arrival in Malta. Last month, one of its boats steered by captain Mario Kale, a Romanian national living in Malta, collided at high speed with a reef near Delimara. Four tourists (from Germany, France, Spain and Italy) were seriously injured while another tourist from Romania lost his lile.

The Romanian tourist had a wife and two children, and he had also been taking care of his elderly parents in Romania who were dependent on him, Some other tourists from Sweden who were unharmed all suffered from shock and have claimed that their holiday in Malta was totally ruined. Mario Kale was a lull-time employee of Veduti Limited. It results that he was negligent as he was

hus”j talking on his mobile phone while steering the boat. Both Veduti Limited and Mario Kale are extremely concerned that they will face substantial claims.

Advise Veduti Limited and Mario Kale on the courts which would have juridiction in respect of each of the claims, whether it is in their interest to defend any claims brought against them in foreign courts, on the law applicable to the claims, and how one is to determine who is entitled to sue for damages in respect of the death of the Romanian tourist.

3. Private international law on marriage in Malta has changed radically since Malta became a Republic. Describe the main influences spearheading this change and the resuting main characteristics of the law in this area.

4. Pulse Limited is a company registered in Malta which provides advertising space on its websites to online gaming companies around the world. After extensive negotiations and numerous trips by the managing director of Pulse Limited to the offices of Ceka s.r.o., a company established in the Czech Republic (EU), the parties have formulated a draft agreement stating that terms and conditions of the proposed supply of advertising space. The draft contract also contains a clause stating that in the event of a dispute, the parties will submit to the exclusive jurisdiction of the courts of England which was identified by the parties as a neutral forum. The draft contract contains no provision on the applicable law. Ceka s.r.o. suddenly refuses to sign the contract. Pulse Limited would like to claim compensation from Ceka s.r.o. for all the expenses it has incurred but is unsure of its chance.s of success since Czech law, English law and Maltese laW have different solutions on the admissibility of such a claim. Pulse Limited also signs a contract for the provision of advertising space with Lisa Limited, a company established in London. This contract contains no jurisdiction clause and no choice of law clause. Pulse Limited omits to display the advertising content of Lisa Limited on its website, in breach of the agreed terms.

Lisa Limited threatens to sue not only for a full refLind but also íoc lost profits which it could have made as a result of a successful advertising campaign.

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Advise Pulse Limited on jurisdiction and applicable law in respect of the issues it has with Ceka s.r.o. and Lisa Limited.

5. Article 1 of Regulation (EU) No 1215/2012 (“Brussels R Recast Regulation”) states that ‘7t shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta icire imperii).” Discuss with reference to relevant judgments.

5. Discuss the legal provisions concerning the validity, effect and efficacy of jurisdiction clauses in commercial contracts.

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University of Malta Faculty of Laws September 2019 Examination Session PBL4O13 PRIVATE INTERNATIONAL LAW

Date: Tuesday 3rd September 2019

Duration of Examination: $:30AM-11:3SAM

INSTRUCTIONS TO STUDENTS:

Answer ANY THREE (3) questions. All questions catty equal marks.

1. Different meanings have been attached to the term ‘habitual residence’ which is used in various EU Regulations on private international law. Does this matter?

2. Big Bet Limited is a Maltese company. It offers betting opportunities in relation to international sports competitions by means of a website and a mobile application which enable its customers to place bets wherever in the world they may be. One of the terms and conditions for use of its website and mobile application is that the customer’s relation with Big Bet Limited is governed by Maltese law and that all disputes are subject to the exclusive jurisdiction of the Maltese Courts. Big Bet Limited is based solely in Malta and has no offices, branches or subsidiaries outside Malta.

A regulatory authority in Canada considers that Big Bet Limited is operating illegally as it is offering betting services to Canadian residents without a Canadian licence. Upon an application of the regulatory authority, a Court in Canada orders Big Bet Limited to pay the sum of $800,000 to the Canadian regulatory authority on the ground that it is operating in its jurisdiction without a licence and dismisses the defence of Big Bet Limited that the Maltese licence is sufficient. At the same time, a Swedish Court condemns Big Bet Limited to pay EUR 1,000,000 as damages to a Swedish state monopoly responsible for the regulation of betting in Sweden for breach of its exclusive licence to offer betting services in Sweden. Robert Smith, an American citizen, obtains a judgment from a court in the United States ordering Big Bet Limited to refund to him the money he has lost when placing bets on his mobile phone. Pierre Macron, a customer in France, obtains a judgment from France granting him compensation for his losses on the ground that the service provided by Big Bet Limited contravenes French legislation for the protection of gamblers. Big Bet Limited was validly notified in Malta with all the foreign judicial proceedings. It only contested the proceedings brought against it in Canada but did not appear or respond to the other foreign proceedings.

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freely return the printer within 7 days from the date of receipt and obtain a full refund of his money. Mark Borg reads the invoice and the attached terms but pays no attention.

Three months later the printer manifests a fault and it results that the printer had a latent defect making it unfit for use. Mark Borg would like to rescind the sale and have the price returned to him. He would also like to sue for damages as he lost substantial business due to being unable to use the printer. He contacts Apollo Corporation Ltd but is told that it is too late to make a claim since the 30-day period has lapsed. Under the law of Korea the provision for notification of the complaint within 30 days gives Apollo Corporation Ltd a complete defence to the claim.

Advise Mark Borg including in your answer an assessment on whether he may or may not sue Apollo Corporation Ltd in Malta and on the law applicable to his claims.

6. Changing attitudes to marriage have simplified the private international law rules in this area. Discuss.

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L-Università

ta' Malta FACULTY OF LAWS DEPARTMENT OF PUBLIC LAW JUNE/JULY 2020 EXAMINATION SESSION

PBL4O13 PRIVATE INTERNATIONAL LAw

Wednesday 10th June 2020

Examination time: 08:30-11:30+60 extra minutesfor uploading/downloading.

In case of difficulty during the examination (issues with exam paper, electricity power cut, internet connection, etc), you may contact the Faculty of Laws on the following: Telephone: 2340 3251; 2340 3752

Email: laws@um.edu.mt Please note that for immediate feedback it is best to communicate using telephone. Use email only if there are circumstances when the use of telephone is not possible.

Keep your mobile phone handy since important communications during the examination may be communicated by the University through SMSs. You may be subject to an additional oral examination to safeguard against plagiarism, collusion

or other misdemeanours.

You may not obtain or seek to obtain advantage in an examination, or give or endeavour to give

assistance to other students. Students who are found guilty of a breach of the University Assessment Regulations are liable to disciplinary action which may result in the examination

being cancelled and other consequences.

By sitting for this examination, you declare that you are aware of the provisions of the regulations regarding conduct during examinations and you pledge to observe them.

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INSTRUCTIONS TO STUDENTS: Answer ANY TWO

(2) Questions. All Questions carry equal marks.

NOTICE: ALL ANSWERS MUST BE STRICTLY RELEVANT TO THE ISSUES SET OUT IN THE QUESTIONS BELOW AND SHOULD NOT CONTAIN GENERAL REPRODUCTIONS OF THE LAW, LECTURE NOTES OR OTHER LEGAL MATERIAL. YOUR ANSWERS SHOULD DISPLAY YOUR ABILITY TO APPLY THE LAW TO THE FACTUAL SITUATIONS SET OUT IN THE QUESTIONS, TO GIVE

ACCURATE LEGAL OPINIONS AND MAKE EFFECTIVE LEGAL ARGUMENTS. 1. Pjazza Services Limited ("Pjazza") is a company registered in Malta offering a wide range of financial and consultancy services to enterprises all over the globe. It has no offices

abroad except for an office in Paris. It has concluded an agreement with one its clients ABC Corporation ("ABC"), a company established in Toronto for the provision of

consultancy services. This agreement contains a jurisdiction clause in favour of the Courts of Toronto to settle all disputes that may arise between the parties. ABC considers that Pjazza has given incorrect advice and brings proceedings in Canada for breach of contract, and in tort, for negligent advice. Pjazza is advised that the cost of defending proceedings in Canada will amount to the value of the claim, and therefore decides to ignore the proceedings. Judgment is given against Pjazza ordering it to pay the sum of 250,000 Canadian dollars in damages together with plaintiff's costs. In the meantime, DEF Incorporated ("DEF"), a United States company, has sued Pjazza in the courts of New York, United States, for mismanagement of its assets. The Court of New York has jurisdiction in terms of US law. Pjazza decides to raise a counter- claim since DEF has not paid Pjazza for the services in question. The Court of New York rejects the counter-claim, gives judgment in favour of DEF and orders Pjazza to pay the sum of 500,000 US Dollars, which is actually 100,000 US Dollars more than what DEF had claimed in its writ of summons. Pjazza contends that the managing director of DEF gave false testimony and also intimated a witness, but it has lost faith in the US justice system and does not appeal the first court judgment. In the meantime, the French Revenue Department sues Pjazza for unpaid taxes in relation to income which Pjazza generated from the office it has in Paris. Pjazza contests the claim, but the French Court orders Pjazza to pay the sum of Euro 800,000 with interest at the rate of 15% from 1 st January 2016 for failing to pay the amount due on time. Mr Abram, an Israeli national, and Mr Rossi, an Italian national, have just sued Pjazza in Israel and Italy respectively for the payment of commission which they allege was promised to them by the managing director of Pjazza for marketing the services of Piazza in Israel and Italy. Pjazza has substantial assets in Malta but no assets abroad. It has been validly notified with all sets of foreign proceedings. Pjazza would like to know whether all the above judgments delivered against it are enforceable in Malta, what it should do in relation to the Israeli and Italian proceedings which have just been served at its office, and whether Mr Abram and Mr Rossi may issue a precautionary warrant with respect to its assets in

Malta while the proceedings abroad are ongoing. Advise Pjazza.

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2. A well turned out foreign gentleman comes to your law office seeking advice. He has lived an adventurous life and has amassed great wealth in the process owning several properties among which a property in Xaghra, Gozo, not so recently acquired which he now calls Calypso's Cave. He tells you some of the highlights of his life. When he was young he married an English girl in England which he calls a mistake. Having realized his mistake he quickly amended by making another one, for he married an Italian woman while on holiday in Italy and from that marriage a child was born. He has now revisited Gozo and has fallen desperately in love with a salacious Gozitan woman, again from Xaghra, who is now pregnant with his future child. He tells you that he wants to settle down quietly in Gozo without much unnecessary litigation and provide adequately for his Gozitan love and their offspring, actually more than adequately as he would wish to bequeath to her all he owes. He is however afraid of the rapacious tendencies of his Italian wife and their child as he has yet not settled with them. Outline the relevant private international law issues and the questions you would put to him to elicit the facts necessary to advise him properly, and draft a legal opinion based on the relevant issues you have identified in your questions. In your answer discuss also whether the facts you elicit and the advice tendered would have been the same had the gentleman come to you before Malta's accession to the European Union.

3. Michaela Bauer works in the film industry and is domiciled in Munich, Germany. She enters into a two year contract of employment with Heiß Movies GmbH, a company established in Germany. The contract is said to be governed by Irish law and contains a choice of court agreement in favour of the Irish courts. Michaela habitually carries out her work in Germany but she is required to travel a few times a year. Michaela is sent to Malta for one month to work on the production of a new film. Heiß Movies Gmbh arranges for her transport in Malta through the website of Mifsud Transport Limited, a Maltese company operating minibuses. On one of the trips back to the filming location, the driver of the minibus, Ivan Mifsud, gets distracted and loses control of the minibus.

Michaela Bauer is injured together with three other passengers, one domiciled in Italy, one domiciled in Malta and another domiciled in Ireland but a national of Singapore.

Michaela brings proceedings in Germany against two defendants: (i) against Heiß Movies GmbH for breach of contract in failing to provide for her safety while requiring her to travel for work purposes; and (i) against the driver of the minibus Ivan Mifsud for

driving negligently. Prior to that, the Maltese and Italian passengers on the minibus bring proceedings in Malta against Mifsud Transport Limited for failing to provide them with a safe journey, while the Singapore national decides to sue Malta Insurance plc, the

insurer of Mifsud Transport Limited, in Ireland where the claimant is resident. All

defendants are validly served with the proceedings brought against them. Advise Heiß Movies GmbH, Ivan Mifsud, Mifsud Transport Limited and Malta Insurance plc on jurisdiction issues in relation to the court proceedings they are facing, on the law applicable to the claims for damages brought against them, and on any steps they should take in the circumstances.

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University of Malta Faculty of Laws June 2019 Examination Session CVL4O2G THE LAW OF SUCCESSION

Date: Friday 21st June 2019

Duration of Examination: 11:3OAM-12:35PM

INSTRUCTIONS TO STUDENTS: Reply to the following question in full.

Neil and Maria, a married couple with 3 children, Amy, Sarah and Jan, made an unica charta will by virtue of which they reciprocally bequeathed to each other the non-disposable portions of their respective estates and nominated their 3 children as their universal heirs. Years later they had another child, Anna. They also left 2 bequests by singular title, Neil left his vintage car to Amy and Sarah jointly, whilst Maria left her son Jan the precious and expensive diamond ring which her husband Neil had given to her as a present on their wedding anniversary.

Amy made a will when still a young 16 year old by virtue of which she nominated her mother Maria as her sole universal heir. She has now died and is survived by her paternal grandparents, by her parents, and by her brothers and sisters. Neil, her father dies some months later.

Maria remarried some years after the death of her husband Neil. She modified her unica charta will by means of a secret will which she promptly delivered to her notary.

In her secret will she left the conjoint and successive usufruct of her estate to her 2 children Sarah and Jan contingent upon their remaining unmarried. Unfortunately, her notary proceeds to register and deposit her secret will in terms of law only a couple of days after her death.

After Maria’s death, Sarah and Jan renounced to their mother’s inheritance but reserved their rights to any legacies bequeathed to them. They both had a number of descendants.

Advise all beneficiaries, whether by universal or by singular title, to the estates of Amy, Neil and Maria respectively, of their rights of succession in terms of law.

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University of Malta Faculty of laws September 2019 Examination Session CVL4026 THE LAW OF SUCCESSION

Date: Monday 9th September 2019

Duration of Examination: 11:3OAM-12:35PM

INSTRUCTIONS TO STUDENTS: Reply to the following question in full.

Mario and Katia were married with 3 children, Jasmine, Maria and Anna. Mario made a will by virtue of which he appointed his above three children as his sole universal heirs and he omitted completely his wife. In his will, he also left his apartment in Gozo by title of legacy to his friend Sandra. The Gozo property had been bought by Mario before his marriage with Katia. However, it was also being used as their matrimonial home.

Mario had an extramarital affair, from which another child Joseph was born of whose existence he was completely unaware. Mario dies soon after the birth of Joseph.

Jasmine died a spinster a few years after her father Mario, without having made a will.

Kafia also made a will by virtue of which she left, by singular title, any one item out of her collection of original paintings to her niece Amanda, to be chosen by her. She also left her other niece Rachel, the usufruct of her property in Sliema contingent upon Rachel remaining unmarried. Katia then appointed her 2 surviving children, Maria and Anna, as her sole universal heirs. During her lifetime, she had also donated her apartment in Mosta to Anna.

Katia has now passed away. Sandra is claiming compensation due to the fact that Katia and Mario’s heirs had failed to grant her the vacant possession of the Gozo apartment immediately after the death of Mario.

You are requested to submit a legal opinion on how to partition the estates of Mario, Jasmine and Katia respectively together with Sandra’s claim for compensation.

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University of Malta Faculty of Laws June 2019 Examination Session CVL4O2S THE LAW OF GUARANTEES

Date: Thursday 13th June 2019

Duration of Examination: 11:3OPM-12:35PM

INSTRUCTIONS TO STUDENTS: Reply to the Case-study below in full.

ETHAN has the following hypothecs and privileges registered against him:

1. 1988 —€75,000 Favour creditor A GH and SH on property at Rabat as hypothecary security for a debt due; -

2.

3.

4.

5.

6.

—

1989 €90,000— Favour vendor B SP on property at Mosta purchased by Ethan representing the balance of price outstanding;

—

-

—

1997 -€80,000— Favour contractor C SP on same property at Mosta for costs for improvements on existing property and construction of an additional floor;

—

—

2010 €3$0,000 Favour purchaser D GH in support of warranty of peaceful possession granted by Ethan for sale of his property at (1) above in Rabat;

—

-

—

—

2013 €120,000— Favour creditor E GH and SH on property at Balzan as security for a sum of money borrowed by Ethan;

—

-

—

2016 €140,000— Favour vendor! contractor F GH and SP on property at Gozo purchased by Ethan for €90,000 balance of price and €50,000 for

—

-

—

construction; 7. —2018 €200,000— Favour creditor G GH and SH over Ethan’s property at Balzan and Birkirkara as security for a loan; -

—

The Balzan property at (5) above over which creditor E had a SH was sold by judicial auction to Nathan in 2016. Furthermore, the SP at (6) for costs of construction favour F was registered 3 months after completion as Ethan alleges shoddy workmanship and insists on remedial action.

Give an interpretation into the ranking of the above 7 hypothecary creditors with respect to each property and advise each one of them on legal remedies and possible avenues as Ethan is unable to honour his debts and is also facing bankruptcy.

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University of Malta Faculty of Laws September 2019 Examination Session CVL4025 THE LAW OF GUARANTEES

Date: Friday 13th September 2019

Duration of Examination: 11:3OPM-12:35PM

INSTRUCTIONS TO STUDENTS: Reply to the Case-study below in full.

Paul, a property speculator who owned a number of properties, had substantial causes of preference. His public registry searches reveal the following hypothecs and privileges registered against him:

1.

2.

3.

4.

—

198$— Favour A

—

€30,000 Loan

1990 Favour B €50,000 Loan sold to Anna in 201$

—

—

2002

—

—

—

GH SH over Paul’s property at Fgura which was

Favour Vendor C €150,000 balance of price outstanding on property purchased by Paul in Gozo

—

2006

—

—

—

GH and SP

Favour Supplier D €160,000 costs for the supply of materials for construction GH and SP on Paul’s project of 6 apartments and 1 penthouse at M osta

—

—

-

—

5.

6.

7.

2007

Favour Builder E —€60,000 SP solely on Paul’s penthouse in Mosta representing costs of construction and related expenses

—

—

-

200$— Favour Vendor F €120,000 outstanding balance of price SP on property purchased by Paul at Msida

—

-

-

201$

Favour Creditor G —€40,000 Admission of indebtedness on same property at Msida

—

—

—

GH and SH

Vendor C at (3) above postponed his GH solely in favour of G, and limitedly to Paul’s property at Msida. The materials for construction provided by Supplier D at (4) above were never used for Paul’s property at Mosta but for other projects being undertaken

by Paul. Furthermore Builder E registered the SP at (5) above more than 2 months from completion of works on the penthouse. In 201$, Simon sold his property at Egura to Anna without disencumbering the property.

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Give an interpretation into the ranking of all the above 7 creditors on each of the properties belonging to Paul.

Furthermore, advise on the following: (I) Creditor B and Anna on their respective position at law and remedies available to both; (ii) The legal requirements for Bank H to obtain a first tanking GH and a first ranking SH over Paul’s property at Gozo for a loan of €140,000; and (iii) Vendor Ito obtain a first ranking GH and SP for the balance of price still outstanding on his property at Marsascala being purchased by Paul.

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University of Malta Faculty of Laws June 2019 Examination Session PBL3O17 INDUSTRIAL LEGISLATION

Date: Friday 28th June 2019

Duration of Examination: 10:00AM

-

12:05PM

INSTRUCTIONS TO STUDENTS:

Answer TWO (2) Questions, ONE (1) from each section. Each question carries equal marks.

SECTION A Conditions of Employment -

1. To what extent does Maltese Employment Law intervene to protect the employee as the more vulnerable party to the contract of service? Illustrate

your arguments by reference to relevant legislation. (50 marks) 2. Outline the principles which the law applies to safeguard the employees’ contracts of service in the case of a transfer of the business or undertaking employing them. Referring to local and foreign case-law, explain what constitutes a ‘transfer” of a business or of an undertaking for the purpose of EmDloyment Law. (SO marks)

SECTION B industrial Legislation -

3. ‘it is the opportune to consider the collective agreement as an outcome of collective bargaining. It may be best described as a product and an effect of a process or a cause, which is in essence the process of industrial relations and collective bargaining” (Greenland). Discuss this statement in the light of the nature and effects of a collective agreement under Maltese law. (50 marks) 1. Explain the legal position of a public officer in Malta with respect to freedom of association, settlement of trade disputes and recourse to industrial action in contemplation or furtherance of a trade dispute. (50 marks)

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Furthermore, advise on the following: Vendor B and contractor C seek legal remedies as secured privileged creditors over Ethan’s property at Mosta which is being sold later this year in 2019; Nathan is facing court action from Ethan’s creditors alleging prior ranking rights; Jake, another creditor who is secured by a pledge over Ethan’s expensive gold watch, is also facing action from the other hypothecary creditors; and Emma is seeking some form of security for a Court judgment against Ethan for €63,000.

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